What is a partition-for-sale action under California law?

A partition action is a lawsuit filed in civil court that asks the court to divide or sell real property owned by two or more people who cannot agree about what to do with it. In California, cotenants (owners in common or joint tenants) and some other parties with property interests can bring a partition action. The court can order a physical division of the land (partition in kind) or, when division is impractical or would be inequitable, a sale of the property and division of the proceeds.

California’s partition statutes are in the Code of Civil Procedure. See the partition code provisions: Cal. Code Civ. Proc. § 872.010 et seq. for an overview of who may bring a partition action and basic procedures.

Who may file and what if only a minority of siblings want to sell?

Any cotenant with an ownership interest in the property can file a partition action, even if that owner is in the minority. In other words, you do not need unanimous consent from all siblings to ask the court to partition or sell inherited land. The court will evaluate whether a division in kind is feasible. If not, the court may order a sale and divide the proceeds according to each owner’s legal interest, with adjustments for contributions, rents, liens, and expenses.

Typical steps to file a partition-for-sale suit in California

1. Confirm ownership and interests. Obtain a current title report or deed copies to identify all owners, liens, mortgages, and other recorded interests.
2. Try negotiation first. Offer a buyout, mediation, or division in kind. Courts expect parties to attempt resolution before litigation when reasonable.
3. Prepare the complaint for partition. The complaint identifies the property, lists all owners and interested parties, states each party’s claimed interest, and asks the court to partition the property in kind or, if not practicable, order sale and divide the proceeds.
4. File in the proper county. File the action in the superior court in the county where the property is located.
5. Serve all parties and interested lienholders. Proper service gives the court jurisdiction over all owners and holders of recorded interests.
6. Request interim relief if needed. You may seek temporary orders to prevent waste, appoint a receiver to manage rents and expenses, or obtain an accounting of rents and charges.
7. Appraisal and referee appointment. The court commonly appoints a referee or commissioner to value the property, handle sale logistics, or oversee division in kind.
8. Sale or division. If the court finds division in kind impractical or inequitable, it will order sale—often by auction or private sale under court supervision—and divide proceeds according to ownership shares after paying liens, costs, and court-ordered adjustments.
9. Distribution and final accounting. The court reviews the referee’s report, confirms the sale, and issues a judgment directing distribution of the net proceeds.

For procedural details and definitions, see the California Code of Civil Procedure partition provisions: Cal. Code Civ. Proc. § 872.010 et seq.

How the court divides money after a sale

The court usually divides net sale proceeds according to each owner’s legal share. The court can also account for:

• Payments by one owner for mortgage, taxes, insurance, or necessary repairs;
• Rents collected or owed by one owner while others occupied the property;
• Improvements that increased value (one owner may receive credit for a disproportionate contribution);
• Liens, mortgages, and costs of the action, including the referee’s fees and sale costs.

The court’s judgment will show who gets what after these adjustments.

Practical timeline and costs

Partition actions commonly take several months to more than a year, depending on court schedules, appraisal and sale timing, disputes about credits or contributions, and whether parties appeal. Costs include filing fees, service fees, attorney fees (if retained), referee fees, appraisal and sale costs, and possible receiver fees.

When the property is in probate, a trust, or subject to other claims

If the land is held in a decedent’s estate or a trust, or if third-party claims exist (mortgage, mechanics’ liens), the partition process may involve the probate court or require additional notice and clearance of claims before sale. You should identify any pending probate or trust administration and note that different rules or procedures may apply.

Hypothetical example

Four siblings inherit a parcel as tenants in common (each 25%). Two siblings want a sale; two refuse. One sibling files a partition action in the county where the property is located. The court orders an appraisal and appoints a referee. The referee finds a physical division is impractical. The court authorizes a court-supervised sale. After paying the mortgage, liens, sale costs, and referee fees, the court divides the remaining proceeds according to ownership shares, with credits or debits for any payments or rents as the judge orders.

Helpful Hints

• Confirm title and ownership percentages before you act.
• Try a written buyout offer and mediation first — it may save months of litigation and legal fees.
• Get a current appraisal to support a fair buyout or to show the court why division in kind is impractical.
• Document payments you made for mortgage, taxes, insurance, repairs, or improvements — the court may credit those sums.
• Consider requesting a receiver if the property needs management or if co-owners are not maintaining it.
• Expect the court to prefer partition in kind when practical; be prepared to explain why physical division is or is not feasible.
• Check for liens, easements, or encumbrances that may affect sale proceeds or the ability to divide the land.
• Talk to a California real estate or litigation attorney early — a short consultation can clarify likely outcomes, timelines, and costs.
• Consult a tax professional about capital gains, basis, and possible tax consequences of a sale of inherited property.
• If the property is under probate or trust administration, let your attorney coordinate with the probate/trust counsel to avoid procedural conflicts.